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§ 99.28 MAINTENANCE OF TREES, SHRUBS, AND STREET LAWNS; VIOLATION.
   (A)   Responsibility of adjoining property owners. All trees and/or shrubs for which a permission has been granted under § 99.27 above shall be reasonably maintained by the person in which permission was so granted or current owner of the property adjoining the street lawn or public right-of-way on which the tree or shrub is located. Adjacent property owners may perform minor routine maintenance on all other non-permitted trees and shrubs located within the street lawn or other public right-of-way. Maintenance shall include, but is not limited to, pinning, removal of dead or diseased limbs, and/or insect control. Adjoining property owners shall prune permitted trees and shrubs to improve visibility of traffic control devices, comply with sight visibility requirements, and provide sufficient overhead clearance of vehicular and pedestrian traffic on adjoining streets and sidewalks. Adjoining property owners shall also maintain and repair, if necessary, any abutting public street or sidewalk, or other public right-of-way damaged by the root system, trunk, or limb of a privately owned tree, at the property owner's expense.
   (B)   Interference with, damage to public streets, sidewalks and the like; unlawful. It shall be unlawful for a property owner, resident, tenant, occupant, or persons having control or management of any property, house, building, or lot to permit any trees or shrubs, including trees or shrubs located on private property or permitted within street lawns, to grow in a manner which interferes with or damages public streets or sidewalks located on adjacent public right-of-way or interferes with sheet traffic, visibility of traffic control devices, violates sight visibility requirements at intersections, or which obstructs the passage of adjoining right-of-way, or otherwise creates an imminent risk of injury or damage to vehicular and pedestrian traffic.
   (C)   Violation of property maintenance code unlawful. It shall be unlawful for a property owner, resident, tenant, occupant, or persons having control or management of any property, rental property, house, building, or lot to permit the street lawn to be in violation of the property maintenance code.
(Ord. 92A, passed 8-19-2013)
§ 99.29 PUBLIC NUISANCE ABATEMENT.
   The commission of any act, or omitting to perform any duty, or suffering or permitting any condition or thing in violation of any provision of this division shall constitute a public nuisance, which the city may proceed to abate in accordance with the city municipal code.
(Ord. 92A, passed 8-19-2013)
§ 99.99 PENALTY.
   Any persons violating any provision of this chapter shall be subject to the following schedule of civil penalties in addition to any fees, charges, costs, or other amounts authorized therein.
   (A)   Citations issued by the Code Enforcement Officer for any violation of §§ 99.01 through 99.13 that are not contested or which are upheld by the Code Enforcement Board or any court of proper jurisdiction, shall be subject to the following schedule of civil penalties for each violation. However, the Code Enforcement Board may waive any or all of the penalty if it determines that such waiver will promote compliance with the property maintenance code.
   (B)   Table of fines:
 
Violation (Uncontested)
1st Offense
2nd Offense
3rd + Offense
Property maintenance and nuisance-structural violations
$100
$200
$400
Property maintenance and nuisance-non-structural violations
$ 75
$150
$300
Other violations
$100
$200
$400
Daily civil penalty
A daily civil penalty not to exceed $100 per day per property may be imposed by the Code Enforcement Board after a hearing and a finding upholding a citation and where the violation has not been corrected. The Code Enforcement Officer is permitted to petition the Code Enforcement Board for a hearing to request the imposition of a daily fine for any violation.
 
(Ord. 92A, passed 8-19-2013)